Recent Regulatory Actions--Protected Resources 2006 2005 2004 & Earlier
Proposed Rule to Improve Sea Turtle Bycatch Monitoring
To assist in the recovery of threatened and endangered sea turtle populations, NOAA Fisheries is proposing to increase the number of days the agency can require U.S. fishing vessels to take an observer on board. The proposed changes would improve NOAA Fisheries' ability to document sea turtle takes in commercial fisheries, to evaluate existing measures to reduce sea turtle takes, and to determine whether there is a need for new or additional measures to reduce sea turtle takes. Comments on the proposed rule will be accepted until February 20, 2007.
Emergency Rule to Protect Right Whales off the Southeast United States
NOAA Fisheries Service is prohibiting gillnet fishing or gillnet possession in Atlantic Ocean waters between just south of New Smyrna Beach, Florida, and the approximate state boundary between Georgia and North Carolina, and within 35 nautical miles of the South Carolina coast. NOAA Fisheries Service is taking this action to prevent a significant risk to the well being of endangered right whales from entanglement in gillnet gear in the core right whale calving area during the calving season. This action is effective through April 15, 2007.
Emergency Rule to Correct Sea Turtle Conservation Measure
On August 25, 2006, NOAA Fisheries Service issued a final rule to require the use of chain mats on sea scallop dredges in the mid-Atlantic sea scallop fishery in order to help protect sea turtles. Shortly after the rule's effective date, NOAA Fisheries Service became aware of a discrepancy between two options in the regulation for configuring the chain mat. This emergency final rule corrects the existing regulation to ensure the protection expected from the August 25, 2006, rule is achieved.
Final Rule to Implement New Measures in Combined Fishery Management Plan for Tunas, Sharks, Swordfish and Marlin
This rule requires, among other things, the following: a circle hook requirement for fishermen using natural bait and natural/artificial bait combinations in billfish tournaments, mandatory workshops pelagic and bottom longline and shark gillnet vessel owners and operators and for shark dealers, time/area closures in the Madison-Swanson and Steamboat Lumps marine reserves, and a requirement for 2nd dorsal fin and anal fin of all sharks to be attached until landing.
NOAA Seeks Public Review of Information on State Trawl Fisheries' Interactions with Sea Turtles
NOAA Fisheries Service is inviting the public to review information characterizing Atlantic and Gulf of Mexico state trawl fisheries, to support the "Strategy for Sea Turtle Conservation in Relation to Atlantic and Gulf of Mexico Fisheries." The goal of this review is to ensure that state trawl fishery characterizations contain the most accurate and up-to-date scientific, commercial, and anecdotal information available and to inform potential future management actions to address incidental capture of sea turtles in trawl gears. Comments on the state trawl characterizations, or other information that NOAA should consider, may be sent to Tanya.Dobrzynski@noaa.gov no later than January 8, 2007. Please include in the subject line the following document identifier: 102606B.
Gear Restrictions off Portland, Maine, in Effect through January 1, 2007
Temporary gear restrictions will continue to apply to lobster trap and anchored gillnet fishermen in an area totaling approximately 1,809 nm\2\, east of Portland, ME, and an area totaling approximately 1,549 nm\2\, south of Portland, ME, for an additional 15 days. This action provides immediate protection to an aggregation of endangered right whales.
Proposed Rule to Protect Threatened Sea Otters
The measures in this proposed rule would require coastal pelagic species fishermen/vessel operators to employ avoidance measures when southern sea otters are present in the area they are fishing and to report any interactions that may occur between their vessel and/or fishing gear and sea otters. Comments on this proposed rule may be submitted through January 8, 2007.
Proposed Rule for MMPA List of Fisheries
NOAA Fisheries has published its proposed List of Fisheries for 2007, as required by the Marine Mammal Protection Act (MMPA). NOAA classifies each commercial fishery on the list into one of three categories based upon the level of serious injury and mortality of marine mammals that occurs incidental to each fishery. The categorization of a fishery determines whether participants in that fishery are subject to certain provisions of the MMPA, such as registration, observer coverage, and take reduction plan requirements. Comments on this proposed list may be submitted through January 3, 2007.
Proposed Rule to Revise Regulations Implementing the Atlantic Large Whale Take Reduction Plan (ALWTRP)
NOAA Fisheries Service proposes to revise the regulations implementing the ALWTRP by expanding the southeast United States restricted area and modifying regulations pertaining to gillnetting within the southeast United States restricted area. Comments on this proposed rule must be received by December 15, 2006.
Gear Restrictions Extended through Dec 17 to Protect Right Whales
NOAA Fisheries has extended the restrictions for anchored gillnet and lobster trap/pot gear near Jeffreys Ledge and Jeffreys Bank through December 17, 2006, to continue protecting endangered right whales in the area.
Temporary Rule to Extend Closure of Shallow-Set Hawaii Longline Fishery to Protect Sea Turtles
NOAA Fisheries has extended a March 2006 emergency rule that temporarily closed the Hawaii-based shallow-set longline fishery in order to protect sea turtles. Existing regulations establish maximum annual limits on the number of physical interactions that can occur between the shallow-set Hawaii longline fishery and sea turtles. The closure will remain in effect through March 19, 2007.
NOAA Fisheries Service Takes Action to Protect Right Whales
NOAA Fisheries Service announces anchored gillnet and lobster trap/pot gear restrictions effective from 0001 hours November 18, 2006, through 2400 hours December 2, 2006, for two separate Dynamic Area Management (DAM) zones in the Gulf of Maine to protect right whales.
Proposed Rule to Implement Amendment
1 to the Atlantic Herring Fishery Management Plan
This rule's proposed measures include, among other things, the creation of an
open access incidental catch permit to reduce regulatory discards. Comments
on the proposed rule may be sent through 5pm on November 13.
Final Rule to Implement Amendment 18A to the Fishery Management Plan for Reef Fish of the Gulf of Mexico
This rule, among other things, requires reef fish vessel owners and operators to comply with sea turtle and smalltooth sawfish release protocols, possess on board specific gear to ensure proper release of such species, and comply with guidelines for proper care and release of incidentally caught sawfish and sea turtles.
Final MMPA List of Fisheries (LOF) for 2006
Each year NOAA Fisheries Service must publish a list of U.S. commercial fisheries according to the level of serious injury and mortality of marine mammals incidental to each fishery. The final 2006 LOF elevates two Atlantic fisheries and one Pacific fishery from Category III to Category II, and reclassifies one Alaska fishery from Category II to Category III. The final rule also adds seven new Category III fisheries to the LOF.
Final Rule to Require Sea Turtle Conservation Measures for All Sea Scallop Dredge Vessels
A new final rule requires sea turtle conservation measures for sea scallop dredge vessels fishing south of a designated boundary at Long Island, NY. NOAA Fisheries has determined that the use of a dredge modified with a chain mat will prevent most, if not all, captures of sea turtles in the dredge bag as well as any ensuing injuries as a result of being caught in the dredge. All federally-permitted sea scallop vessels must modify their dredge(s) with chain mat gear when fishing in the designated area. The new requirement takes effect September 25, 2006, and will be effective May 1 through November 30 thereafter.
NOAA Fisheries Service Renews Affirmative Finding under the MMPA for the Republic of El Salvador
This affirmative finding will allow yellowfin tuna harvested in the Eastern Tropical Pacific Ocean in compliance with the International Dolphin Conservation Program by purse seine fishing vessels flying the flag of El Salvador, or purse seine fishing vessels operating under the jurisdiction of El Salvador , to be imported into the United States. This renewal is effective through March 31, 2007.
Draft Atlantic Pelagic Longline Take Reduction Plan Available
The goal of the plan is to reduce, within five years of its implementation, serious injuries and mortalities of long-finned pilot whales, short-finned pilot whales, and Risso's dolphins in the Atlantic pelagic longline fishery to insignificant levels approaching a zero mortality and serious injury rate.
Final Rule to Modify Fishing Activities in Chesapeake Bay Pound Net Fishery
This final rule requires modifications to all offshore pound net leaders in an identified area of Virginia waters of the mainstem Chesapeake Bay during the May 6 - July 15 fishing season. Previous regulations prohibited the use of all offshore pound net leaders in that area during that time frame in order to protect threatened and endangered sea turtles from becoming accidentally entangled. However, based on the positive results of research conducted in 2004 and 2005, NOAA Fisheries has concluded that gear modifications can serve as an effective conservation measure in this fishery.
Final Rule to Implement Framework 18 to the Atlantic Sea Scallop Fishery Management Plan
This rule, among other things, establishes a seasonal closure of the Elephant Trunk Access Area to reduce potential interactions between the scallop fishery and sea turtles, and to reduce finfish and scallop bycatch mortality.
Notice of Intent to Prepare a DEIS for Amendment 15 to the Snapper Grouper Fishery Management Plan
This amendment may, among other things, establish a deep-water grouper unit to minimize bycatch, implement measures to minimize accidental deaths of sea turtles and smalltooth sawfish, and establish a method to monitor and assess bycatch in the snapper grouper fishery. Public comments on the scope of this draft environmental impact statement will be accepted through September 5.
Comments Invited on Proposed Permit for Drift Gillnet Fishery off California and Oregon
NOAA Fisheries is proposing to issue a permit to authorize the unintentional taking of three stocks of threatened or endangered marine mammals by the California/Oregon drift gillnet large mesh fishery. NOAA Fisheries has evaluated the best available information and determined that the estimated mortality and serious injury caused by the drift gillnet fishery would have a negligible impact on these three stocks of marine mammals. Public comments must be received by August 28.
Emergency Rule to Close Hawaii Longline Fishery to Protect Sea Turtles The shallow-set swordfish longline fishery reopened in 2004 primarily due to new technology developed by NOAA Fisheries that significantly reduced turtle interactions with fishing gear. The regulations that allowed NOAA Fisheries to reopen the longline fishery specified that the swordfish fishery would close for the remainder of the year if the fleet reached a threshold of allowable interactions (16 leatherbacks or 17 loggerheads). Fishery observers have recorded 17 loggerhead interactions already this year, triggering the closure.
Final Rule to Protect Bottlenose Dolphins from Fishing Activities in the Atlantic
This final rule implements additional requirements designed to reduce the serious injury and death of bottlenose dolphins stock in the mid-Atlantic coastal gillnet fishery and eight other coastal fisheries. The measures contained in this final rule will implement gillnet effort reduction, gear proximity requirements, gear or gear deployment modifications, and outreach and education measures to reduce bottlenose dolphin bycatch.
Proposed Rule to Implement CCAMLR Measures
A new proposal would implement measures adopted by the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR). Among other things, this rule would require the use of a seal excluder device on krill vessels using trawl gear in the CCAMLR Area. Comments on this proposed rule must be submitted by August 14, 2006.
Proposed Rule to Implement Amendment
18A to the FMP for the Reef Fish Resources of the Gulf of Mexico
This proposed rule is intended to resolve several issues related to monitoring
and enforcement of existing regulations and to reduce deaths of incidentally
caught endangered sea turtles and smalltooth sawfish. Comments must be received
by 5pm, Eastern time, on July 3, 2006.
Proposed Rule to Implement
New Requirements for Bottom Longline Fishery to Protect Sea Turtles and
Reef Habitat
This proposed rule would establish additional handling, release, and disentanglement
requirements for non-target species caught in the shark bottom longline fishery.
These new practices, which have already been adopted in the pelagic longline
fishery, are designed to reduce the injuries and deaths of sea turtles and other
species that are accidentally hooked. In addition, the rule would implement measures
that minimize impacts to Essential Fish Habitat for mutton snapper, red hind,
and other reef-dwelling species. Written comments must be received by 5pm on
June 27.
Proposed Rule for Gear Modifications
for the Virginia Pound Net Fishery to Protect Sea Turtles
This proposed rule would require that any offshore pound net leader in an identified
area of Virginia waters of the mainstem Chesapeake Bay during May 6 - July 15
be modified in order to protect sea turtles. Existing regulations prohibit the
use of all offshore pound net leaders in that area during that time frame. But
based on the positive results of research conducted in 2004 and 2005, NOAA Fisheries
Service is proposing that gear modifications could take the place of a complete
prohibition as an effective conservation measure. Public comments are invited
through May 2.
Temporary Rule to Restrict Gillnet
Fishing in the Southeast U.S. Restricted Area
NOAA Fisheries Service has implemented temporary fishing restrictions after a
right whale died as a result of an entanglement in gillnet gear within the Southeast
U.S. Restricted Area. All fishing with gillnets is now prohibited in this area
through 2400 hours on March 31, 2006. The Southeastern U.S. Restricted Area is
an area roughly near Savannah, GA along the coast south to near Sebastian Inlet,
FL, and extending from the shore eastward out to 80[deg]00' W. longitude.
Gear Restrictions in Effect Off
Boston to Protect Right Whales
NOAA Fisheries Service has announced gear restrictions for anchored gillnet and
lobster trap/pot gear in a 1794 nm2 area of the Gulf of Maine. The measures are
in effect through 2400 hours on February 24. This action is being taken to respond
to reported aggregations of endangered Northern right whales. Four right whales
were sighted in an area northeast of Boston.
Temporary Rule to Restrict
Fisheries Interactions with Right Whales off Maine
NOAA Fisheries Service has prohibited lobster trap/pot and anchored gillnet gear
in an area
totaling approximately 2,404 square nautical miles southeast of Portland, ME,
due to an aerial survey reported a sighting of forty right whales in the area.
The restrictions are in effect through 2400 hours on January 28, 2006.
NOAA Fisheries Publishes the 2005 Marine
Mammal Protection Act (MMPA) List of Fisheries
NOAA Fisheries Service has published its final List of Fisheries for 2005,
as required by the MMPA. Under the MMPA, NOAA must designate each commercial
fishery on the list into one of three categories based on the level of serious
injury and mortality
of marine mammals that occurs incidental to each fishery. The categorization
of a fishery determines whether participants in that fishery are subject to
certain provisions of the MMPA, such as registration, observer coverage, and
take reduction plan requirements.
Reducing the Take of Atlantic Large Whales
Regulations that implement the Atlantic Large Whale Take
Reduction Plan have been amended to identify gear modifications
that sufficiently reduce the risk of entanglement to western
North Atlantic right whales under the Dynamic Area Management
(DAM) Program. This enables NMFS to utilize the option
of allowing anchored gillnet and lobster trap/pot gear
with certain modifications within a DAM zone. For further
information can be found by clicking here.
http://www.nero.noaa.gov/whaletrp/
 |
 |
 |